Family law, relationships, separation & divorce: thoughts & comment
How prenuptial agreements are viewed varies across the globe. In many countries, they are a common step taken ahead of marriage, in others they are almost unheard of. Some EU countries enable a couple to elect a specific “matrimonial property” regime, which governs how their assets will be divided on divorce. For international couples who... Continue Reading →
Over recent years, we have seen an increase in the number of couples living together but choosing not to get married. Most people are unaware of the potential legal implications of the actions they take (or don’t take) in relation to their property and finances during their relationship. Potential impact on the family farm In... Continue Reading →
The Family team at Michelmores has led what is understood to be the first case in the country where an application has been made to speed up the divorce process, since the introduction of no-fault divorce in England and Wales. The launch of the new no-fault divorce system in April 2022 saw the introduction of... Continue Reading →
The Spring Budget announced on 15 March 2023 has provided confirmation of changes which will be made to simplify the tax rules for married couples on separation, as of 6 April 2023. What has happened historically? Married couples and civil partners may make transfers of assets between themselves without having to pay Capital Gains Tax... Continue Reading →
Why has the law been reformed? Under the previous law those wanting to separate in the UK had to rely on one or more facts to prove that their relationship had irretrievably broken down: unreasonable behaviour, adultery (not available for civil partnership dissolution), desertion for at least 2 years, separation for at least 2 years... Continue Reading →
Nowadays, we are a global society with connections across the world. However, the laws of our new favourite destination countries don’t always make travel easy for modern family set-ups. Many people are unaware that, depending on where you are travelling, you may need to provide additional evidence, follow specific processes, or perhaps even have a court... Continue Reading →
Making pensions on divorce less of a scary subject
The courts have been under increasing pressure for years, and this has come to a head as a result of the impact of the Covid-19 pandemic. In finance cases on divorce where the parties can’t agree how to split their assets, resulting in one party making an application to court, delays continue to increase. The... Continue Reading →
When a couple with dependent children divorce or separate they will be very aware of the impact this will have on their children, and this will normally be a major consideration in the decision about whether and when to separate. However, often less thought is given to the impact that a separation can have upon... Continue Reading →
Once your finances are sorted, your order is in place and Decree Absolute has been made, it can be difficult to know what to do next. After a few months of intense discussions and legal processes, coming to the end of a separation can feel like a huge anti-climax. Points to consider before applying for... Continue Reading →
Picking up the pieces 